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Pawan Kumar   09 September 2021

Complaint for not returning the cheques

On the proposal 12 %annual interest from my business friend I invested some amt in his trading company 2019 but no document made for this but money is transferred from my saving account to his firm account. Till date he has not made any payment of principal amt or interest amt. On repeating demand of money he released the 3 cheques of 15 days onterwal date but for only of principal amt. On deposit date of first cheque he reuested me to hold the cheque and deposit all cheque after 1.5 month. I enquired from his bank and come to know that all cheques have become invalid if I will send these cheques for clearing from other bank but are valid if you will use these cheques in that particular branch as that particular bank has merged in other bank. Some how On guidence of bank staff I opened my saving account in same bank and all cheques got bounced. on calling to him he replied that he has made complaint to Police comissioner against me that he has cleared all the Payment in cash but I am not returning his cheques back to him and I can harras him in future.......Now I have sent him the legal notice to make the payment agains bounced cheques ...So far I have not received any call from any police athaurity far that complaint

Now my query is
1)Is it possible that he can prove in court that he has made the cash payment by false witness

2)What will be impact of complaint made by him on the case


 5 Replies

Pradipta Nath (Advocate)     10 September 2021

1. Need to contest. It is for the court to decide! 2. Need to go through the complaint petition for forming this opinion.

G.L.N. Prasad (Retired employee.)     10 September 2021

It is not that easy to say cash payments are made, as he should show such source, date and time and the need for paying cash without taking back the cheques. Police are not connected and they may accept any complaint with ZERO FIR No. If they approach you , deny of having received such cash and tell them that the matter is being taken through court. Immediately obtain a copy of such complaint from that Police Station under RTI, and it is the admission that he has borrowed, and it is his responsibility to obtain a proper receipt. Contact a local advocate and commence issuing notice and further proceeding to file a cheque bounce case.

Advocate Bhartesh goyal (advocate)     10 September 2021

File cheque bounce complaint against your friend . Your case is strong It is very difficult to prove cash payment.

Shubham Bhardwaj (Advocate)     10 September 2021

Dear Mr Kumar, Learned persons have correctly advised you in the matter. However, I ll consolidate all the above opinions along with some of my own words. (1). Don't be worried about the false police case. It is an attempt to scare you. Even if police calls you to police station, take along your local Advocate so that police do not try any misadventure with you. (2). As you have stated that you have sent legal notice. I hope the notice is as per Negotiable Instruments Act 1881. If not resend in accordance with NI Act, 1881. On expiry of the notice period, initiate Section 138 proceedings. Further, you must know that the law is in your favour. Section 139 of NI Act, 1881 makes a presumption that cheque was issued for discharge of liability. Further, you are also entitled for interim compensation up to maximum 20% of cheque amount under Section 143A NI Act, 1881. (3) There is another action that you can initiate to make pressure. File a complaint with the police under section 420, 405 IPC saying that 'X' (your friend) had taken money and promised to pay back but never intended to pay. The promise to pay was only to make you pay the amount. I am 100% sure that police will not register FIR. The immediately file Section 156(3) Cr PC Application before the Judicial Magistrate First Class. Take services of a good advocate in Section 156(3). Trust me , it will help you. Remember that the remedy under 138 NI Act and Criminal law are two different remedies and the purpose of both is different. Regards Shubham Bhardwaj Advocate District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.
1 Like

Pawan Kumar   10 September 2021

Thanks for your comments and suggestions

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